APPEAL COURT UPHOLDS JUDGMENT BARRING VIO, DRTS FROM STOPPING OR FINING MOTORISTS
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By Aishat Momoh. O.
The Court of Appeal in Abuja has affirmed a Federal High Court ruling that restrains the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIOs) from stopping motorists, confiscating vehicles, or imposing fines on road users.
In a unanimous decision delivered on Thursday, a three-member panel of the appellate court dismissed the VIO’s appeal for lacking merit. Justice Oyejoju Oyewumi, who delivered the lead judgment, held that there was no legal basis to overturn the October 16, 2024 ruling issued by Justice Nkeonye Maha of the Federal High Court.
Justice Maha had earlier declared that no existing law in Nigeria empowers VIO officials to stop vehicles on the road, impound cars, seize documents, or impose fines on motorists. The decision followed a fundamental rights enforcement suit marked FHC/ABJ/CS/1695/2023, filed by public interest lawyer Abubakar Marshal.
Marshal told the court that VIO operatives forcefully stopped him at Jabi District on December 12, 2023, and confiscated his vehicle without lawful justification. He asked the court to declare their actions wrongful, oppressive, and a violation of his constitutional rights.
In her judgment, Justice Maha ruled that such actions by VIO and DRTS officials were unconstitutional, stressing that only a court of competent jurisdiction can impose fines or sanctions on motorists. She held that the actions of the respondents violated the applicant’s rights to freedom of movement, fair hearing, presumption of innocence, and ownership of property as guaranteed under Sections 36, 41, and 42 of the 1999 Constitution and Articles 12 and 14 of the African Charter on Human and Peoples’ Rights.
The court awarded N2.5 million in damages to Marshal, instead of the N500 million he requested, and issued a perpetual injunction restraining the DRTS and its agents from further infringing on the rights of motorists.
The respondents including the DRTS, its Director, an Abuja Area Commander identified as Mr. Leo, team leader Solomon Onoja, and the Minister of the Federal Capital Territory appealed the ruling, but the Court of Appeal upheld the lower court’s decision in its entirety.
The judgment solidifies the position that VIO and DRTS personnel lack constitutional authority to impound vehicles or levy fines, reinforcing that such powers rest exclusively with the courts.
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